ISSUED TAX INVOICE OR BILL OF SUPPLY FOR NIIL RATED GOODS

ISSUED TAX INVOICE OR BILL OF SUPPLY FOR NIIL RATED GOODS
Query (Issue) Started By: – knr varma Dated:- 30-1-2018 Last Reply Date:- 3-5-2018 Goods and Services Tax – GST
Got 8 Replies
GST
Company manufacturing /supplying taxable and exempted goods, issuing tax invoice for taxable goods, issuing bill of supply for nill rated goods.
Please let me know above method is correct or not
Reply By Ganeshan Kalyani:
The Reply:
Absolutely correct.
Reply By KASTURI SETHI:
The Reply:
You

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rule 32 (7) pls explain

rule 32 (7) pls explain
Query (Issue) Started By: – satbir singhwahi Dated:- 30-1-2018 Last Reply Date:- 30-1-2018 Goods and Services Tax – GST
Got 1 Reply
GST
(7) The value of taxable services provided by such class of service providers as may be notified by the Government, on the recommendations of the Council, as referred to in paragraph 2 of Schedule I of the said Act between distinct persons as referred to in section 25, where input tax credit is available, shall be deemed to b

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

MEANING FOR SOME GST TERMS

MEANING FOR SOME GST TERMS
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 30-1-2018 Last Reply Date:- 31-1-2018 Goods and Services Tax – GST
Got 1 Reply
GST
Dear Experts,
I need meaning for the following GST terms available in GST RFD-01 A
1. Turnover of Inverted rated supply of goods
2. Adjusted Total Turnover
3. Net Input tax Credit
Reply By SAFETAB LIFESCIENCE:
The Reply:
Dear Experts,
Please reply for my querry dt. 30.01.2018 for the GST REFUND APPLICATION SUBMI

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Mystery of “Time of supply” under JDA Unveiled!

Mystery of “Time of supply” under JDA Unveiled!
By: – Pragya Rajpurohit
Goods and Services Tax – GST
Dated:- 30-1-2018

Introduction:
Real Estate is an important part of the economy and is accountable for extensive part of development investment, advancement of the nation's infrastructure. The taxation of the real estate segment has also been challenging and litigated in many aspects. There are many open issues in relation to the determination of point of taxation and valuation under both direct and indirect taxes. In this article I have dealt with the determination of time of supply in case of issue of development rights and supply of construction service as consideration under a joint development agreement.
In a Joint Development Agreement (JDA) the land owner gives development rights to the developer/builder to develop the land owned by the landowner. The built up area of the complex shall be shared by the land owner and the builder upon an agreed ratio. The develop

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the land owner by entering into a conveyance deed or similar instrument (e.g. allotment letter)”.
Time of Supply under GST:
Section 13 of the CGST Act, 2017 deals with the provisions relating to the determination of time of supply of services. The time of supply shall be
* Date of issue of invoice or the date of receipt of payment whichever is earlier
* In cases where the invoice is not issued within 30 days of completion of service, it shall be the date of completion of service or the date of receipt of payment whichever is earlier.
* In cases where the time of supply cannot be determined as per the above two clauses, then it shall be the date on which the recipient shows the receipt of services in his books of accounts.
Further it is also relevant to refer to the following definition of “continuous supply of service” under Section 2 (33) of the Act and Section 31 (5) dealing with issue of invoices.
“continuous supply of services” means a supply of services which is provided

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e builder is a continuous supply of service. It may be observed that clauses (a) and (b) of sub section (2) of section 13 are not applicable in this case, as neither any invoice is raised by the builder on landowner, nor any payment received. As per clause (c) the time at which the landowner shows the receipt of service in his books of accounts would be the time of supply. If the landowner is retaining such units for his own use, he would recognise the same as his capital assets and if the landowner is going to again sell such units, he would recognise the same as his stock in trade. So it can be taken that the builder would be liable to pay GST at the time, when the landowner recognises the receipt of units from the builder. However from builder's point of view it would be very difficult to conclude when the landowner recognises receipt of service. Thus the determination of time of supply was no less than a mystery.
These confusions have been resolved by Notification No. 4/2018-Centr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

E Way Bill Department’s “D” eye on Movements

E Way Bill Department’s “D” eye on Movements
By: – Piyush Jain
Goods and Services Tax – GST
Dated:- 30-1-2018

Interactive FAQs on E Way Bill
What is E-way Bill?
According to Rule 138 of CGST Rules, 2017, every registered person who causes movement of goods of consignment whose value including tax exceeds ₹ 50,000 –
* in relation to a supply; or
for reasons other than supply; or
due to inward supply from an unregistered person,
Shall, before commencement of such movement, furnish information relating to the said goods in Part A of FORM GST EWB-01, electronically, on the common portal.
E-Way Bill is an electronic way bill for movement of goods which can be generated on the e-Way Bill Portal. Transport of goods of more than ₹ 50,000 in value cannot be made by a registered person without an e-way bill.
When an e-way bill is generated a unique e-way bill number (EBN) is allocated and is available to the supplier, recipient, and the transporter.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

transporter on the common portal.
Any transporter transferring goods from one conveyance to another in the course of transit shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01
Provided that where the goods are transported for a distance of less than ten kms within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill.
After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST EWB-02 maybe generated by him on the said common portal prior to the movement of goods.
Whe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e-way bill may be cancelled electronically on the common portal, either directly or through a Facilitation Centre notified by the Commissioner, within 24 hours of generation of the e-way bill: Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B.
Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01
* The details of e-way bill generated under sub-rule (1) shall be made available to the recipient, if registered, on the common portal, who shall communicate his acceptance or rejection of the consignment covered by the e-way bill.
Where the recipient referred to in sub-rule (11) does not communicate his acceptance or rejection within seventy two hours of the details being made available to him on the common po

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

or delivery challan, as the case may be; and
a copy of the e-way bill or the e-way bill number, either physically or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.
A registered person may obtain an Invoice Reference Number from the common portal by uploading, on the said portal, a tax invoice issued by him in FORM GST INV-1 and produce the same for verification by the proper officer in lieu of the tax invoice and such number shall be valid for a period of thirty days from the date of uploading.
Where the registered person uploads the invoice under sub-rule (2), the information in Part A of FORM GST EWB-01 shall be auto-populated by the common portal on the basis of the information furnished in FORM GST INV-1.
The Commissioner may, by notification, require a class of transporters to obtain a unique Radio Frequency Identification Device and get the said device embedded on to the conveyance and m

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

all be done through such device readers where the eway bill has been mapped with the said device.
The physical verification of conveyances shall be carried out by the proper officer as authorized by the Commissioner or an officer empowered by him in this behalf: Provided that on receipt of specific information on evasion of tax, physical verification of a specific conveyance can also be carried out by any officer after obtaining necessary approval of the Commissioner or an officer authorized by him in this behalf.
“138C. Inspection and verification of goods.-”
A summary report of every inspection of goods in transit shall be recorded online by the proper officer in Part A of FORM GST EWB-03 within twenty four hours of inspection and the final report in Part B of FORM GST EWB-03 shall be recorded within three days of such inspection.
Where the physical verification of goods being transported on any conveyance has been done during transit at one place within the State or in any othe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e-way bill in FORM GST EWB-01 on the common portal in the manner as may be prescribed.
* Where the goods are transported for a distance of less than 10 kms within the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM GST EWB-01.
Note: Part B of e-Way Bill is not required to be filled where the distance between the consigner or consignee and the transporter is less than 10 Kms and transport is within the same state.
Who should generate an e-Way Bill?
* Registered Person – E-way bill must be generated when there is a movement of goods of more than ₹ 50,000 in value to or from a Registered Person. A Registered person or the transporter may choose to generate and carry e-way bill even if the value of goods is less than ₹ 50,000.
Unregistered Persons – Unregistered persons are also required

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

istered person in Part A of FORM GST EWB-01
An unregistered person under GST and recipient is registered
Compliance to be done by Recipient as if he is the Supplier.
1. If the goods are transported for a distance of ten kilometers or less, within the same State/Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the transporter may not furnish the details of conveyance in Part B of FORM GST EWB-01.
2. If supply is made by air, ship or railways, then the information in Part A of FORM GST EWB-01 has to be filled in by the consignor or the recipient
Note: If a transporter is transporting multiple consignments in a single conveyance, they can use the form GST EWB-02 to produce a consolidated e-way bill, by providing the e-way bill numbers of each consignment.
States that have Notified e-Way Bill?
The following states have notified e-Way bill for mandatory inter-state transport of goods:

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

consignment of goods must be in hand.
* If transport is by road – Transporter ID or the Vehicle number.
* If transport is by rail, air, or ship – Transporter ID, Transport document number, and date on the document.
Here is a step by step Guide to Generate E-Way Bill (EWB-01) online: Please Share your Mail ID for in detail procedure for generation of E Way Bill with the screenshots of the same.
Note: If the supplier/client is unregistered, then mention 'URP' in the field GSTIN, indicating that the supplier/client is an 'Unregistered Person'.
Item Details: Add the details of the consignment (HSN code-wise) in this section:
* Product name
* Description
* HSN Code
* Quantity,
* Unit,
* Value/Taxable value
* Tax rates of CGST and SGST or IGST (in %)
* Tax rate of Cess, if any charged (in %)
Note: On the implementation of E-way bills, Based on the details entered here, corresponding entries can also be auto-populated in the respective GST Return while filing on GST

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

M/s. KERALA CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD Versus UNION OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI AND COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE, THIRUVANANTHAPURAM

M/s. KERALA CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD Versus UNION OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI AND COMMISSIONER OF CENTRAL GST AND CENTRAL EXCISE, THIRUVANANTHAPURAM
Central Excise
2018 (6) TMI 1145 – KERALA HIGH COURT – 2018 (13) G. S. T. L. 262 (Ker.)
KERALA HIGH COURT – HC
Dated:- 30-1-2018
W.P.(C.) No.1809 of 2018
Central Excise
MR. P. B. SURESH KUMAR, J.
For The Petitioner : Sri.Shaji Thomas, Sri.Jen Jaison And Smt.Rahana Jose
For The Respondent : Sri.N. Nagaresh, ASG, Smt.O.M. Shalina, CGC And Sri. Sreelal N. Warrier, SC
JUDGMENT
Petitioner is the Board constituted for administration of the Kerala Co-operative Development and Welfare Fund established in terms of Section 57A of the Kerala Co-operative Societies Act, 1969 and the Risk Fund established in terms of Section 57D of the said Act. As per Ext.P7 notice, the second respondent has called upon the petitioner to show cause, among others, why service tax amounting to Rs. 1

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

st made by the petitioner in Ext.P8 communication. Instead, the second respondent called upon the petitioner to appear for hearing on Ext.P7 notice on 30.08.2017. A representative of the petitioner consequently appeared before the second respondent on 30.08.2017 and sought time till 30.09.2017 for filing objections against the proposal. On the said request, the petitioner was granted time till the middle of September, 2017 and the hearing was, accordingly, adjourned to 20.09.2017. The case of the petitioner is that nobody appeared for the hearing on behalf of the petitioner before the second respondent on 20.09.2017 and nevertheless, Ext.P11 order has been passed as if the representative of the petitioner appeared for the hearing on 20.09.2017 and made submissions on behalf of the petitioner. Ext.P11 order recites that one Udayakumar appeared on behalf of the petitioner for the hearing on 20.09.2017. In order to substantiate the case of the petitioner, they have caused the said Udayaku

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

t, 1994. Section 33A of the Central Excise Act, 1944 reads thus :
“33A. Adjudication procedure.- (1)The Adjudicating authority shall, in any proceeding under this Chapter or any other provision of this Act, give an opportunity of being heard to a party in a proceeding, if the party so desires.
(2) The Adjudicating authority may, if sufficient cause is shown, at any stage of proceeding referred to in sub-section (1), grant time, from time to time, to the parties or any of them and adjourn the hearing for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during the proceeding.”
A reading of Section 33A of the Central Excise Act, 1944 indicates beyond doubt that the scheme of the Central Excise Act is that the adjudicating authority appointed in terms of the said statute shall complete the adjudication proceedings only after affording the parties concerned an opportunity of being heard, if they so desires. The

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ally sought for an opportunity of hearing. In so far as the petitioner sought specifically an opportunity of hearing in the matter in Ext.P10 explanation filed before passing the impugned order, in the light of the provisions contained in Section 33A of Central Excise Act, the second respondent should not have passed orders on the show cause notice, without affording the petitioner an opportunity of hearing. It is all the more so since the petitioner sought time from the very beginning only till the end of September, 2017. It is all the more so also as the petitioner is a statutory body, and in terms of the show cause notice, substantial amounts running to several crores was proposed to be realised from the petitioner. In the said view of the matter, according to me, the order passed on 16.10.2017 is vitiated for noncompliance of the principles of natural justice.
In the result, the writ petition is allowed. Ext.P11 order is quashed and the second respondent is directed to pass fresh

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Corestrength Traders India Pvt. Ltd. Versus Assistant State Tax Officer, Ernakulam

Corestrength Traders India Pvt. Ltd. Versus Assistant State Tax Officer, Ernakulam
GST
2018 (4) TMI 369 – KERALA HIGH COURT – [2018] 1 GSTL 58 (Ker)
KERALA HIGH COURT – HC
Dated:- 30-1-2018
W. P. (C). No. 3220 of 2018
GST
P.B. Suresh Kumar, J.
For the Petitioner:- Sri. K.S. Bharathan, ADV.
For the Respondent:- Sri.V.K. Shamsudheen, Government Pleader
JUDGMENT
Petitioner seeks release of the goods detained by the respondent under Section 129 of the Central Goods and Serv

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Filling of Returns under GST.

Filling of Returns under GST.
02/2018-GST (State) Dated:- 30-1-2018 Tripura SGST
GST – States
=============
Document 1
To
NO.1-11(91)-TAX/GST/2017(Part) 816-41
GOVERNMENT OF TRIPURA
OFFICE OF THE CHIEF COMMISSIONER OF STATE TAX
PANDIT NEHRU COMPLEX, GURKHABASTI
AGARTALA, TRIPURA WEST, PIN-799006.
Th
Dated, Agartala, the 30 January, 2018.
Circular No.02/2018 – GST (State)
The Additional Commissioner State Tax/
Deputy Commissioner of State Tax/
Assistant Commissioner of State Tax/
Superintendents of State Tax(All)/
Inspectors of State Tax(All)
Subject: Filing of Returns under GST- regarding
The GST Council, in its 23rd meeting held at Guwahati on 10th November, 2017, has
taken certain decisions in regard to filing of returns by taxpayers. Subsequently, various
representations have been received seeking clarifications on various aspects of return filing
such as return filing dates, applicability and quantum of late fee, amendment of errors in
submitting

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

their FORM GSTR-3B on
a monthly basis in terms of Notification No. 1-11(100)-TAX/GST/2017 (Tripura Gazette No.
332) dated 16th September, 2017 and No. 1-11(100)-TAX/GST/2017 (Tripura Gazette No.
430) dated 16th November, 2017. Further, Notification No. 1-11(91)-TAX/GST/2017(Part)
(Tripura Gazette No. 7) dated 5th January, 2018 (superseding Notification No. No. 1-11(91)-
TAX/GST/2017(Part) (Tripura Gazette No. 442) dated 22nd November, 2017 and Notification
No. 72/2017 – Central Tax dated 29th December 2017 (superseding Notification No. 58/2017-
Central Tax dated 15th November, 2017) have been issued to notify the due dates for filing of
outward supply statement in FORM GSTR-1 for various months / quarters (as depicted in
the calendar above) by registered persons having aggregate turnover in the previous financial
year or current financial year of upto 1.5 Crores rupees and above 1.5 Crores rupees
respectively. Since, the option of quarterly filing was not available earlier,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

te for
filing of FORM GSTR-4 is within eighteen days after the end of such quarter.
1.5 It is also clarified that the registered person will self-assess his aggregate turnover in
terms of Section 2(6) of the CGST Act, 2017 for the previous financial year or the current
financial year (in case of new registrants). Based on this self-assessed turnover, the registered
person with turnover up to Rs. 1.5 Crore will be required to file FORM GSTR-1 on quarterly
basis instead of on monthly basis. It is also clarified that the registered person may opt to file
FORM GSTR-1 on monthly basis if he so wishes even though his aggregate turnover is up
to Rs. 1.5 Crore. Once he falls in this bracket or if he chooses to file return on monthly basis,
the registered person will not have the option to change the return filing periodicity for the
entire financial year. In cases, where the registered person wrongly reports his aggregate
turnover and opts to file FORM GSTR-1 on quarterly basis, he

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

per day each under CGST
& SGST Acts). Notification No.1-11(91)-TAX/GST/2017(Part) (Tripura Gazette No. 441)
dated 22nd November, 2017 has already been issued in this regard.
3.
3.1
Amendment / corrections / rectification of errors:
Various representations have been received wherein registered persons have requested
for clarification on the procedure for rectification of errors made while filing their FORM
GSTR-3B. In this regard, Circular No. 7/7/2017-GST dated 1st September, 2017 was issued
which clarified that errors committed while filing FORM GSTR – 3B may be rectified while
Page 2 of 11
filing FORM GSTR-1 and FORM GSTR-2 of the same month. Further, in the said circular,
it was clarified that the system will automatically reconcile the data submitted in FORM
GSTR-3B with FORM GSTR-1 and FORM GSTR-2, and the variations if any will either
be offset against output tax liability or added to the output tax liability of the subsequent
months of the registered person.
3.2

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

is alongwith the values for current month itself in appropriate tables i.e. Table No. 3.1,
3.2, 4 and 5, as the case may be. It may be noted that while making adjustment in the output
tax liability or input tax credit, there can be no negative entries in the FORM GSTR-3B. The
amount remaining for adjustment, if any, may be adjusted in the return(s) in FORM GSTR-
3B of subsequent month(s) and, in cases where such adjustment is not feasible, refund may
be claimed. Where adjustments have been made in FORM GSTR-3B of multiple months,
corresponding adjustments in FORM GSTR-1 should also preferably be made in the
corresponding months.
5. Where the taxpayer has committed an error in submitting (before offsetting and filing)
the information in FORM GSTR-3B, a provision for editing the same has been provided.
The facility to edit the information can be used only before offsetting the liability and editing
will not be permitted after offsetting the liability. Hence, every care should

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The Assistant Commissioner of State Tax, Government of Tripura for information.
The Superintendent of State Tax, Charge-I / II / III / IV / V / VI / VII / VIII, Agartala /
Dharmanagar Kailasahar / Ambassa / Teliamura / Bishalgarh / Udaipur / Belonia for
information.
The Superintendent of State Tax, Churaibari Enforcement Wing / Ambassa
Enforcement Wing / Agartala Enforcement Wing / Udaipur Enforcement Wing /
Headquarters for information.
The Assistant Statistical Officer, Statistical Section, O/o the Commissioner of Taxes &
Excise, Agartala with request to upload the Circular in the Official website
www.tripurataxes.nic.in
The Inspector of Taxes (All)
9. Guard File.
Page 4 of 11
11/18
(Dr. B. Kaur, IAS)
Chief Commissioner of State Tax
Government of Tripura
Common
Error-I
Stage
Confirmed Submission
Return liabilities / Input tax credit availed
were confirmed and submitted and therefore
no change can be done to the liability. No
action was taken after this step.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

company may use the 'edit return
facility to add such liability in their
submitted return and then proceed for filing
of their return.
,
Company A has four units in Haryana, while filing
their return for the month of July, they
inadvertently, missed on details of a last minute
order. Since, they had already submitted and
confirmed their output supply details, but were not
sure of how to proceed. They added cash in the
cash to the extent of their under reported liability.
What
they
do?
can
The company may use the 'edit return' facility to
add such liability in their submitted return.
Further, the company may generate a fresh
challan under FORM GST PMT-06 to additional
cash or utilize their credit and furnish their return.
Liability may be added in the return of
subsequent month(s) after payment of interest.
Company A has four units in Haryana, while
filing their return for the month of July, they
inadvertently, missed on details of a last minute
order. The Comp

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ay be partially debited to offset
such
liability.
Remaining balance may either be claimed as
refund or used to offset future liabilities.
Company B had reported an inter-State sale
but realized that the same sale was counted
twice and hence was not to be reported. But
the return form was already submitted and
no change could be done to the liabilities.
What can company B do?
In this case, Company B has the option to
use the “edit” facility to reduce such liability
and proceed to file their return.
Company B had reported an inter-State sale but
realized that the same sale was counted twice and
hence was not to be reported or taxed. But the
return form was already submitted and no change
could be done to reduce the liabilities. Further, the
company had already deposited cash in their cash
ledger before realizing this error. What can
company B do?
In this case, Company B has the option to use the
“edit” facility to reduce such liability. Once, this is
done, they ca

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

R-1
Page 6 of 11
Stage of Return Filing (GSTR-3B)
Common
Error-III
Stage 1
Confirmed Submission
Return liabilities / Input tax credit
availed were confirmed and
submitted and therefore no change
can be done to the liability. No action
was taken after this step.
Stage 2
Cash Ledger Updated
Cash was added to the electronic cash ledger as per the return
liability. No action was taken after this step.
Use “Edit” facility to rectify wrongly Use “Edit” facility to rectify wrongly reported liability and cash
reported liability.
ledger may be debited to offset new liability, where sufficient
balances are not available* in the credit ledger.
Remaining balance, if any may be either claimed as refund or used
to offset future liabilities.
Company C is registered in the State
of Haryana. While entering their
outward supplies in FORM GSTR-
3B, the company realized that they
had inadvertently, shown inter-State
Liability
supply as intra-State supply and
was wrongly submit

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e or use the same for offsetting future liabilities.
Stage 3
Offset Liability
All liabilities were
offset by debiting the
cash and credit ledger.
No action was taken
after this step.
Stage 4
Return Filed
Return was filed.
Unreported liability may be added in the next
month's return with interest, if applicable.
Also, adjustment may be made in return of
subsequent month(s) or refund may be
claimed where adjustment is not feasible.
Company C was registered in the State of
Haryana. While entering their outward
supplies in FORM GSTR-3B, the company
realized that they had inadvertently, shown
inter-State supply as intra-State supply and
submitted the return. The company paid their
wrong liability and filed their return in order
to avoid late fee and penalty? What can they
do?
Since, the return has already been filed, then
the company will have to report the inter-
State supply in their next month's liability
and adjust their wrongly paid intra-State
liability in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

uent month's liability.
Company D, while filing their FORM GSTR-
3B for the month of July, inadvertently,
misreported Input tax credit of Rs.
1,00,00,000/- as Rs. 10,00,000/-. They had
confirmed and submitted their return. What
can they do?
The company may use the “edit” facility to
add more Input tax credit to their submitted
FORM GSTR-3B. Once, this is done, such
credit will be reflected in their Electronic
Credit ledger and may be utilized to offset
liabilities for this month or for subsequent
months.
No Action required in cash ledger
No Action required in cash ledger
No Action
Input tax credit which was not reported may be
availed while filing return for subsequent
month(s).
Company D, while filing their FORM GSTR – 3B
for the month of July, inadvertently, misreported
Input tax credit of Rs. 1,00,00,000/- as Rs.
10,00,000/-. They had filed their return and paid
Rs. 90,00,000/- in cash. What can they do?
Since, the return has already been filed, Company
D m

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

sed such credit
for offsetting their liabilities, they can
reduce their input tax credit by using the
“edit” facility.
While filing their FORM GSTR 3B for the months
of July, 2017, Company E inadvertently, reported
their eligible input tax credit, as Rs. 20,00,000/-
instead of Rs. 10,00,000/-. What can they do?
Since, the company has submitted details of their
input tax credit but not used such credit for
offsetting their liabilities, they can reduce their
input tax credit by using the “edit” facility. Since,
they have deposited Rs. 10,00,000/- only in their
input tax credit ledger they may deposit additional
Rs. 10,00,000/- in the cash ledger by creating
challan in FORM GST PMT-06.
No Action
Stage 3
Offset Liability
All liabilities were offset
by debiting the cash and
credit ledger. No action
was taken after this step.
Stage 4
Return Filed
Return was filed.
Pay (through cash) / Reverse such over reported
input tax credit with interest in return of
subsequen

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

uch Additional cash, if required, may be deposited
liability.
in the cash ledger by creating challan in FORM
New Input tax credit will be added to the GST PMT-06
credit ledger.
• Input tax credit reduced will be adjusted
in the credit ledger without any
additional liability
While filing their FORM GSTR 3B for the
months of July, 2017, Company E
inadvertently, reported their Central Tax
credit of Rs. 20,00,000/- as Integrated tax.
What can they do?
While filing their FORM GSTR 3B for the
months of July, 2017, Company E
inadvertently, reported their Central Tax credit
of Rs. 20,00,000/- as Integrated tax. What can
they do?
Use edit facility to claim correct central tax They can use “edit” facility to correct central
credit under the right head.
tax credit under the right head. For offsetting
any integrated tax liability, additional cash may
be deposited in the cash ledger by creating
challan in FORM GST PMT-06.
No Action
Stage 3
Offset Liability
All liabi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ange in
FORM
GSTR-1
Page 10 of 11
Common
Error – VII
Cash ledger
wrongly
updated
Stage 1
Confirmed Submission
Stage of Return Filing (GSTR – 3B)
Stage 2
Cash Ledger Updated
Return liabilities / Input tax credit availed Cash was added to the electronic cash ledger as
were reported correctly and thereafter per the return liability. No action was taken after
confirmed and submitted. Therefore no
this step
change is required to be done to the liability.
No action was taken after this step.
No Action
No Action
Add cash under the right tax head
and seek cash refund of the cash added under the
wrong tax head.
While filing their FORM GSTR-3B return,
Company F while generating payment challan
added Rs. 5,00,000/- under the Central Tax head,
while they wanted to deposit Rs. 5,00,000/- under
the integrated tax head. What can they do?
Since, they have already filed their challan, they
will have to add Rs. 5,00,000/- in their integrated
tax head and file their return

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The Jharkhand Goods and Services Tax (Amendment) Rules, 2018.

The Jharkhand Goods and Services Tax (Amendment) Rules, 2018.
S.O. No. 07-03/2018-State Tax Dated:- 30-1-2018 Jharkhand SGST
GST – States
Jharkhand SGST
Jharkhand SGST
COMMERCIAL TAXES DEPARTMENT

NOTIFICATION
30th January, 2018
Notification No. – 03/2018-State Tax
S.O. No. 7 Dated – 30th January, 2018:- In exercise of the powers conferred by section 164 of the Jharkhand Goods and Services Tax Act, 2017 (12 of 2017), the State Government hereby makes the following rules further to amend the Jharkhand Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Jharkhand Goods and Services Tax (Amendment) Rules, 2018.
(2) This notification shall be deemed to be effective from 23rd January, 2018.
2. In the Jharkhand Goods and Services Tax Rules, 2017, –
(i) in rule 3, in sub-rule (3A), for the words “ninety days”, the words “one hundred and eighty days” shall be substituted;
(ii) with effect from 1st January, 2018, in rule 7, in the Table,
(a)

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

spect of supplies specified below shall be determined in the manner provided hereinafter.
(2) (a) The value of supply of lottery run by State Governments shall be deemed to be 100/112 of the face value of ticket or of the price as notified in the Official Gazette by the organizing State, whichever is higher.
(b) The value of supply of lottery authorised by State Governments shall be deemed to be 100/128 of the face value of ticket or of the price as notified in the Official Gazette by the organising State, whichever is higher.
Explanation:- For the purposes of this sub-rule, the expressions-
(a) “lottery run by State Governments” means a lottery not allowed to be sold in any State other than the organizing State;
(b) “lottery authorised by State Governments” means a lottery which is authorised to be sold in State(s) other than the organising State also; and
(c) “Organising State” has the same meaning as assigned to it in clause (f) of sub-rule (1) of rule 2 of the Lotteries (R

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

count, except in case of a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances; and
(c) the value of supply of services by way of transportation of goods by a vessel from the customs station of clearance in India to a place outside India.”;
(vii) in rule 54, after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A)(a) A registered person, having the same PAN and State code as an Input Service Distributor, may issue an invoice or, as the case may be, a credit or debit note to transfer the credit of common input services to the Input Service Distributor, which shall contain the following details:-
(i) name, address and Goods and Services Tax Identification Number of the registered person having the same PAN and same State code as the Input Service Distributor;
(ii) a consecutive serial number not exceeding sixteen characters, in one or multi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the tax invoice or the bill of supply issued in accordance with the provisions of rules 46, 46A or 49 in a case where such person is not required to carry an e-way bill under these rules.”;
(ix) with effect from 23rd October, 2017, in rule 89, for sub-rule (4A) and sub-rule (4B), the following sub-rules shall be substituted, namely:-
“(4A) In the case of supplies received on which the supplier has availed the benefit of the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 113 -State Tax dated the 24th October, 2017 published in the Gazette of Jharkhand, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted.
(4B) In the case of supplies received on which the supplier has availed the benefit of notification No.40/2017 -State Tax (Rate) dated the 9th November, 2017 published in the Gazette of Jharkhand vide S.O 120 or notification No. 41/2017-Integrate

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ted by the Customs shall process the claim for refund”, the words “the system designated by the Customs or the proper officer of Customs, as the case may be, shall process the claim of refund in respect of export of goods ” shall be substituted;
(d) for sub-rule (9), the following sub-rules shall be substituted, namely:-
“(9) The application for refund of integrated tax paid on the services exported out of India shall be filed in FORM GST RFD-01 and shall be dealt with in accordance with the provisions of rule 89”.
(10) The persons claiming refund of integrated tax paid on exports of goods or services should not have received supplies on which the supplier has availed the benefit of the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 113-State Tax dated 24.10.2017 published in the Gazette of Jharkhand or notification No. 40/2017 -State Tax (Rate) dated the 9th November, 2017 published in the Gazette of Jharkhand vide S.O 120 or notification No. 41/2017-

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

may be required at the common portal and a unique number will be generated on the said portal:
Provided that where goods are sent by a principal located in one State to a job worker located in any other State, the e-way bill shall be generated by the principal irrespective of the value of the consignment:
Provided further that where handicraft goods are transported from one State to another by a person who has been exempted from the requirement of obtaining registration under clauses (i) and (ii) of section 24, the e-way bill shall be generated by the said person irrespective of the value of the consignment.
Explanation 1. – For the purposes of this rule, the expression “handicraft goods” has the meaning as assigned to it in the Government of Jharkhand, Department of Commercial Taxes, notification No. S.O 84-State Tax dated the 5th October, 2017 published in the Gazette of Jharkhand as amended from time to time.
Explanation 2.- For the purposes of this rule, the consignment value

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the serial number and date of the Railway Receipt or the Air Consignment Note or Bill of Lading, as the case may be.
(3) Where the e-way bill is not generated under sub-rule (2) and the goods are handed over to a transporter for transportation by road, the registered person shall furnish the information relating to the transporter on the common portal and the e-way bill shall be generated by the transporter on the said portal on the basis of the information furnished by the registered person in Part A of FORM GST EWB-01:
Provided that the registered person or, the transporter, as the case may be may, at his option, generate and carry the e-way bill even if the value of the consignment is less than fifty thousand rupees:
Provided further that where the movement is caused by an unregistered person either in his own conveyance or a hired one or through a transporter, he or the transporter may, at their option, generate the e-way bill in FORM GST EWB-01 on the common portal in the manne

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

n the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the transporter on the common portal.
(5) Where the goods are transferred from one conveyance to another, the consigner or the recipient, who has provided information in Part- A of the FORM GST EWB-01, or the transporter shall, before such transfer and further movement of goods, update the details of conveyance in the e-way bill on the common portal in FORM GST EWB-01:
Provided that where the goods are transported for a distance of less than ten kilometers within the State or Union territory from the place of business of the transporter finally to the place of business of the consignee, the details of conveyance may not be updated in the e-way bill.
(5A) The consignor or the recipient, who has furnished the information in Part-A of FORM GST EWB-01, or the transporter, may assign the e-way bill number to another registered or enrolled transporter for updating the informati

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

than fifty thousand rupees, the transporter shall generate FORM GST EWB-01 on the basis of invoice or bill of supply or delivery challan, as the case maybe, and may also generate a consolidated e-way bill in FORM GST EWB-02 on the common portal prior to the movement of goods:
Provided that where the goods to be transported are supplied through an e-commerce operator, the information in Part A of FORM GST EWB-01 may be furnished by such e-commerce operator.
(8) The information furnished in Part A of FORM GST EWB-01 shall be made available to the registered supplier on the common portal who may utilize the same for furnishing details in FORM GSTR-1:
Provided that when the information has been furnished by an unregistered supplier or an unregistered recipient in FORM GST EWB-01, he shall be informed electronically, if the mobile number or the e-mail is available.
(9) Where an e-way bill has been generated under this rule, but goods are either not transported or are not transported as

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

goods as may be specified therein:
Provided further that where, under circumstances of an exceptional nature, the goods cannot be transported within the validity period of the e-way bill, the transporter may generate another e-way bill after updating the details in Part B of FORM GST EWB-01.
Explanation.-For the purposes of this rule, the “relevant date” shall mean the date on which the e-way bill has been generated and the period of validity shall be counted from the time at which the e-way bill has been generated and each day shall be counted as twenty-four hours.
(11) The details of e-way bill generated under sub-rule (1) shall be made available to the-
(a) supplier, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the recipient or the transporter; or
(b) recipient, if registered, where the information in Part A of FORM GST EWB-01 has been furnished by the supplier or the transporter,
on the common portal, and the supplier or the recip

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e by Customs;
(d) in respect of movement of goods within such areas as are notified under clause (d) of sub-rule (14) of rule 138 of the Goods and Services Tax Rules of the concerned State;
(e) where the goods, other than de-oiled cake, being transported are specified in the Schedule appended to notification No. 2/2017- State tax (Rate) dated the 29th June, 2017 published in the Gazette of Jharkhand vide S.O 32 as amended from time to time;
(f) where the goods being transported are alcoholic liquor for human consumption, petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas or aviation turbine fuel; and
(g) where the goods being transported are treated as no supply under Schedule III of the Act.
Explanation. – The facility of generation and cancellation of e-way bill may also be made available through SMS.
ANNEXURE
[(See rule 138 (14)]
S. No.
Description of Goods
(1)
(2)
1.
Liquefied petroleum gas for supply to household and non domes

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of services with payment of tax
(Amount in Rs.)
Sr.No.
Invoice details
Integrated tax
Cess
BRC/FIRC
Integrated tax and cess involved in debit note, if any
Integrated tax and cess involved in credit note, if any
Net Integrated tax and cess (6+7+10 – 11)
No.
Date
Value
Taxable value
Amt.
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
Statement- 3 [rule 89(2)(b) and 89(2)(c)]
Refund Type: Export without payment of tax (accumulated ITC)
(Amount in Rs.)
Sr.No.
Invoice details
Goods/ Services (G/S)
Shipping bill/ Bill of export
EGM Details
BRC/ FIRC
No.
Date
Value
Port code
No.
Date
Ref No.
Date
No.
Date
1
2
3
4
5
6
7
8
9
10
11
12
(b) after Statement 3A, the following Statement shall be inserted, namely:-
“Statement-4 [rule 89(2)(d) and 89(2)(e)]
Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payment of tax)
(Amount in Rs.)
GSTIN of recipient
Invoice details
Shipping bill/ Bill of export/ Endorsed invoice by SE

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

yers having annual turnover above five crore rupees in the preceding financial year.
2. Document Number may be of Tax Invoice, Bill of Supply, Delivery Challan or Bill of Entry.
3. Transport Document number indicates Goods Receipt Number or Railway Receipt Number or Airway Bill Number or Bill of Lading Number.
4. Place of Delivery shall indicate the PIN Code of place of delivery.
5. Reason for Transportation shall be chosen from one of the following:-
Code
Description
1
Supply
2
Export or Import
3
Job Work
4
SKD or CKD
5
Recipient not known
6
Line Sales
7
Sales Return
8
Exhibition or fairs
9
For own use
0
Others
FORM GST EWB-02
(See rule 138)
Consolidated E-Way Bill
Consolidated E-Way Bill No. :
Consolidated E-Way Bill Date :
Generator :
Vehicle Number :
Number of E-Way Bills
E-Way Bill Number
“;
(xvi) with effect from 1st February, 2018, in FORM GST EWB-03, for the letters “UT”, at both places where they occur, the words “Union territory” shall be

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Notifies www.gst.gov.in and www.ewaybillgst.gov.in.

Notifies www.gst.gov.in and www.ewaybillgst.gov.in.
EXN-F(10)-05/2018-09/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 09/2018-State Tax
No.EXN-F(10)-05/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 146 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), and in supersession of the notification No. 4/2017 – State Tax dated 24th June, 2017, published in the Gazette of Himachal Pradesh, vide number EXN-F(10)- 13/2017, dated the 24th June, 2017, except as respects things done or omitted to be done before such supersession, t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6.

Extends the time limit for furnishing the return by an Input Service Distributor in FORM GSTR-6.
EXN-F(10)-05/2018-08/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 08/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the H

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Waive the amount of late fee return in FORM GSTR-6.

Waive the amount of late fee return in FORM GSTR-6.
EXN-F(10)-05/2018-07/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 07/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this noti

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Waive the amount of late fee return in FORM GSTR-5A.

Waive the amount of late fee return in FORM GSTR-5A.
EXN-F(10)-05/2018-06/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 06/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this not

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Waive the amount of late fee FORM GSTR-5.

Waive the amount of late fee FORM GSTR-5.
EXN-F(10)-05/2018-05/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 05/ 2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this notification

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Waive the amount of late fee FORM GSTR-1.

Waive the amount of late fee FORM GSTR-1.
EXN-F(10)-05/2018-04/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 04/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla -2 30th January, 2018
In exercise of the powers conferred by section 128 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) (hereafter in this notification referred to as the said Act), the Governor of Himachal Pradesh, on the recommendations of the Council, is pleased to waive the amount of late fee payable by any registered person for failure to furnish the details of outward supplies for any month/qu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The Himachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2018.

The Himachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2018.
EXN-F(10)-05/2018-03/2018-State Tax Dated:- 30-1-2018 Himachal Pradesh SGST
GST – States
Himachal Pradesh SGST
Himachal Pradesh SGST
Government of Himachal Pradesh
Excise and Taxation Department
Notification No. 03/2018-State Tax
No.EXN-F(10)-5/2018 Dated: Shimla-2 30th January, 2018
In exercise of the powers conferred by section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017), the Governor of Himachal Pradesh hereby makes the following rules further to amend the Himachal Pradesh Goods and Services Tax Rules, 2017, namely:-
(1) These rules may be called the Himachal Pradesh Goods and Services Tax (Second Amendment) Rules, 2018.
(2) Save as otherwise provided, they shall be deemed to have come into force from 23rd day of January, 2018.
2. In the Himachal Pradesh Goods and Services Tax Rules, 2017, –
(i) in rule 3, in sub-rule (3A), for the words “ninety days”, the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

inserted, namely:-
“31A. Value of supply in case of lottery, betting, gambling and horse racing.-(1) Notwithstanding anything contained in the provisions of this Chapter, the value in respect of supplies specified below shall be determined in the manner provided hereinafter.
(2) (a) The value of supply of lottery run by State Governments shall be deemed to be 100/112 of the face value of ticket or of the price as notified in the Official Gazette by the organising State, whichever is higher.
(b) The value of supply of lottery authorised by State Governments shall be deemed to be 100/128 of the face value of ticket or of the price as notified in the Official Gazette by the organising State, whichever is higher.
Explanation:- For the purposes of this sub-rule, the expressions-
(a) " lottery run by State Governments" means a lottery not allowed to be sold in any State other than the organizing State;
(b) “lottery authorised by State Governments” means a lottery which is

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

number GSR 1338(E) dated the 27th October, 2017;
(b) the value of services by way of accepting deposits, extending loans or advances in so far as the consideration is represented by way of interest or discount, except in case of a banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances; and
(c) the value of supply of services by way of transportation of goods by a vessel from the customs station of clearance in India to a place outside India.”;
(vi) in rule 54, after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A)(a) A registered person, having the same PAN and State code as an Input Service Distributor, may issue an invoice or, as the case may be, a credit or debit note to transfer the credit of common input services to the Input Service Distributor, which shall contain the following details:-
(i) name, address and Goods and Services Tax I

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

s.”;
(vii) after rule 55, the following rule shall be inserted, namely:-
“55A. Tax Invoice or bill of supply to accompany transport of goods.- The person-in-charge of the conveyance shall carry a copy of the tax invoice or the bill of supply issued in accordance with the provisions of rules 46, 46A or 49, in a case where such person is not required to carry an e-way bill under these rules.”;
(viii) with effect from 23rd October, 2017, in rule 89, for sub-rule (4A) and sub-rule (4B), the following sub-rules shall be substituted, namely:-
“(4A) In the case of supplies received on which the supplier has availed the benefit of notification No. 48/2017-State Tax dated the 20th November, 2017 published in the Gazette of Himachal Pradesh, vide number No. EXN-F(10)-40/2017 dated the 21st November, 2017, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted.
(4B) In the case of suppli

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

oods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted.”
(x) with effect from 23rd October, 2017, in rule 96,
(a) in sub-rule (1), for the words “an exporter”, the words “an exporter of goods” shall be substituted;
(b) in sub-rule (2), for the words “relevant export invoices”, the words “relevant export invoices in respect of export of goods” shall be substituted;
(c) in sub-rule (3), for the words “the system designated by the Customs shall process the claim for refund”, the words “the system designated by the Customs or the proper officer of Customs, as the case may be, shall process the claim of refund in respect of export of goods ” shall be substituted;
(d) for sub-rule (9), the following sub-rules shall be substituted, namely:-
“(9) The application for refund of integrated tax paid on the services exported out of India shall be filed in FORM GST RFD-01 and shall be dealt with in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ication No.79/2017- Customs dated the 13th October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 1299 (E) dated the 13th October, 2017,";
(xi) with effect from 1st February, 2018, for rule 138, the following rule shall be substituted, namely:-
“138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.- (1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees-
(i) in relation to a supply; or
(ii) for reasons other than supply; or
(iii) due to inward supply from an unregistered person,
shall, before commencement of such movement, furnish information relating to the said goods as specified in Part A of FORM GST EWB-01, electronically, on the common portal along with such other information as may be required at the common portal and a unique number will be generated on the said portal:
Provided that where goods

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

f supply or a delivery challan, as the case may be, issued in respect of the said consignment and also includes the central tax, State or Union territory tax, integrated tax and cess charged, if any, in the document.
(2) Where the goods are transported by the registered person as a consignor or the recipient of supply as the consignee, whether in his own conveyance or a hired one or by railways or by air or by vessel, the said person or the recipient may generate the e-way bill in FORM GST EWB-01 electronically on the common portal after furnishing information in Part B of FORM GST EWB-01:
Provided that where the goods are transported by railways or by air or vessel, the eway bill shall be generated by the registered person, being the supplier or the recipient, who shall furnish, on the common portal, the-
(a) information in Part B of FORM GST EWB-01; and
(b) the serial number and date of the Railway Receipt or the Air Consignment Note or Bill of Lading, as the case may be.
(3)

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ithin the State or Union territory from the place of business of the consignor to the place of business of the transporter for further transportation, the supplier or the recipient, or as the case may be, the transporter may not furnish the details of conveyance in Part B of FORM GST EWB-01.
Explanation 1.- For the purposes of this sub-rule, where the goods are supplied by an unregistered supplier to a recipient who is registered, the movement shall be said to be caused by such recipient if the recipient is known at the time of commencement of the movement of goods.
Explanation 2.- The e-way bill shall not be valid for movement of goods by road unless the information in Part-B of FORM GST EWB-01 has been furnished except in the case of movements covered under the third proviso to sub-rule (3) and the proviso to subrule (5).
(4) Upon generation of the e-way bill on the common portal, a unique e-way bill number (EBN) shall be made available to the supplier, the recipient and the trans

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e been updated by the transporter in Part B of FORM GST EWB-01, the consignor or recipient, as the case may be, who has furnished the information in Part-A of FORM GST EWB-01 shall not be allowed to assign the e-way bill number to another transporter.
(6) After e-way bill has been generated in accordance with the provisions of sub-rule (1), where multiple consignments are intended to be transported in one conveyance, the transporter may indicate the serial number of e-way bills generated in respect of each such consignment electronically on the common portal and a consolidated e-way bill in FORM GST EWB-02 may be generated by him on the said common portal prior to the movement of goods.
(7) Where the consignor or the consignee has not generated FORM GST EWB-01 in accordance with the provisions of sub-rule (1) and the value of goods carried in the conveyance is more than fifty thousand rupees, the transporter shall generate FORM GST EWB-1 on the basis of invoice or bill of supply or d

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

4 hours of generation of the eway bill:
Provided that an e-way bill cannot be cancelled if it has been verified in transit in accordance with the provisions of rule 138B:
Provided further the unique number generated under sub-rule (1) shall be valid for 72 hours for updation of Part B of FORM GST EWB-01.
(10) An e-way bill or a consolidated e-way bill generated under this rule shall be valid for the period as mentioned in column (3) of the Table below from the relevant date, for the distance, within the country, the goods have to be transported, as mentioned in column (2) of the said Table:-
Table
Sl. No.
Distance
Validity period
(1)
(2)
(3)
1.
Upto 100 km.
One day
2.
For every 100 km. or part thereof thereafter
One additional day:
Provided that the Commissioner may, by notification, extend the validity period of e-way bill for certain categories of goods as may be specified therein:
Provided further that where, under circumstances of an exceptional nature, the good

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

) Where the person to whom the information specified in sub-rule (11) has been made available does not communicate his acceptance or rejection within seventy two hours of the details being made available to him on the common portal, it shall be deemed that he has accepted the said details.
(13) The e-way bill generated under this rule or under rule 138 of the Goods and Services Tax Rules of any State shall be valid in every State and Union territory.
(14) Notwithstanding anything contained in this rule, no e-way bill is required to be generated-
(a) where the goods being transported are specified in Annexure;
(b) where the goods are being transported by a non-motorised conveyance;
(c) where the goods are being transported from the port, airport, air cargo complex and land customs station to an inland container depot or a container freight station for clearance by Customs;
(d) in respect of movement of such goods and within such areas in the State as the Commissioner of State Tax,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rs
2.
Kerosene oil sold under PDS
3.
Postal baggage transported by Department of Posts
4.
Natural or cultured pearls and precious or semi-precious stones; precious metals and metals clad with precious metal (Chapter 71)
5.
Jewellery, goldsmiths' and silversmiths' wares and other articles (Chapter 71)
6.
Currency
7.
Used personal and household effects
8.
Coral, unworked (0508) and worked coral (9601)”;
(xii) with effect from 1st February, 2018, in rule 138A, in sub-rule (5), for the words “Notwithstanding anything contained”, the words “Notwithstanding anything contained in” shall be substituted;
(xiii) with effect from 1st February, 2018, in rule 138B, in sub-rule (3), in the proviso, for the words “carried out by any”, the words “carried out by any other” shall be substituted;
(xiv) in FORM GST RFD-01A,
(a) after Statement 1A, the following Statements shall be inserted, namely:-
“Statement- 2 [rule 89(2)(c)]
Refund Type: Exports of services with payment of tax
(Am

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tax and cess involved in debit note, if any
Integrated tax and cess involved in credit note, if any
Net Integrated tax and cess (8+9+10- 11)
No.
Date
Value
No.
Date
Taxable Value
Amt.
1
2
3
4
5
6
7
8
9
10
11
12
“;
(xv) with effect from 1st February, 2018, for FORM GST EWB-01 and FORM GST EWB-02, the following forms shall be substituted, namely:-
“FORM GST EWB-01
(See rule 138)
E-Way Bill
E-Way Bill No. :
E-Way Bill date :
Generator :
Valid from :
Valid until :
PART-A
A.1
GSTIN of Supplier
A.2
GSTIN of Recipient
A.3
Place of Delivery
A.4
Document Number
A.5
Document Date
A.6
Value of Goods
A.7
HSN Code
A.8
Reason for Transportation
PART-B
B.1
Vehicle Number for Road
B.2
Transport Document Number
Notes:
1. HSN Code in column A. 7 shall be indicated at minimum two digit level for taxpayers having annual turnover upto five crore rupees in the preceding financial year and at four digit level for taxpayers having annual turnover ab

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Flyjac Logistics Versus Commissioner of GST And C. Ex, Chennai South Commissionerate

Flyjac Logistics Versus Commissioner of GST And C. Ex, Chennai South Commissionerate
Service Tax
2018 (3) TMI 631 – CESTAT CHENNAI – TMI
CESTAT CHENNAI – AT
Dated:- 30-1-2018
ST/72/2008 – A/40241/2018
Service Tax
Ms. Sulekha Beevi C.S. Member (Judicial) And Shri B. Ravichandran, Member (Technical)
Ms. Radhika Chandrasekar, Advocate – For the Appellant
Shri A. Cletus, ADC (AR) – For the Respondent
ORDER
Per: B. Ravichandran
The appellant is aggrieved by the order dt. 31.12.2007 of Commissioner of Service Tax, Chennai.
2. By the impugned order, the original authority confirmed service tax liabilities on the appellant with reference to Cargo Handling Service, Business Auxiliary Service and Goods Transport Agent Services for the period 16.08.2002 to 31.03.2006. Further, certain cenvat credit availed by the appellant on input services were also ordered to be reversed. Penalties under Section 76 & 78 of the Finance Act, 1994 were also imposed on the appellant.
3.1

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ight. “Currency adjustment factor” is a fee collected as a percentage of ocean freight to meet the fluctuation in foreign exchange; “Delivery order fee” is collected from the client to issue delivery order; “Courier charges are” for cost incurred in couriering the documents connected to the shipment; Break bulk fee is for desegregation of cargo. This amount is collected by the liners and charged to the importers; “Freight income” is towards the freight paid by the counterpart in originating country which is collected to the importer with a margin. This margin is shared between logistic company outside India and the appellant; “Transportation charges” again incurred by the counterpart in foreign country for bringing the cargo to the port of export which is collected from the client in India.
3.2 The Ld. counsel submitted that none of these charges are with reference to the physical handling of any of the cargo. They are not cargo handling agents and their core area of work is consolida

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

when the matter was pointed out by the officers. Accordingly, praying for invoking provisions of Section 80, Id. Counsel pleaded for setting aside the penalties.
4. The Ld. A.R supports the findings of the lower authorities. He submitted that the appellants are involved in a range of activities which will fall in the overall ambit of “Cargo Handling Service”. The services provided by the appellants are mainly with reference to import cargo and some of the aspects of their activity will specifically fall under such tax entry, though the appellants are engaged in end-to-end operation in clearing the cargo and delivering the same. Regarding non-contest issues, the Id. A.R submitted that the amount was paid only after being pointed out by the officers. Accordingly, the penal consequences will follow. It is also submitted that in respect of reversal of credit, there is no evidence of payment of interest for delayed reversal.
5. We have heard both sides and perused the appeal records.
6.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

l handling of cargo by the appellant. We find that there is no evidence to identify the appellant's activities as “Cargo Handling Agent”. Accordingly, the service tax liability on this account will not survive.
7. Regarding tax liability under BAS for incentives received from liners, we note that the matter stands settled by the Tribunal decision in the case of Bax Global India Ltd Vs CST Chennai vide Final order No.42113/2017 dt. 18.092017. Following the said ratio, we hold that service tax liability of the appellant on this issue cannot sustain.
8. Regarding admitted and paid liabilities on GTA service and ineligible cenvat credit, we note that the amounts have been paid before issue of show cause notice. The fact of payment of interest on delayed reversal of credit needs to be verified by the authorities below. Wherever applicable such interests are to be paid by the appellant which the counsel fairly concedes. She submitted that on factual verification of non-payment of inter

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol – Regarding.

Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol – Regarding.
08/2018 Dated:- 30-1-2018 Delhi SGST
GST – States
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF TRADE AND TAXES
POLICY (GST) Branch
VYAPAR BHAVAN : I.P. ESTATE : DELHI-02
F. No. 3(66)/Policy-GST/2017/1427-33
Dated: 30/01/2018
Circular No. 08/2018-GST
(Ref: Central Circular No. 03/2018-GST)
Subject: Clarification regarding applicability of GST on Polybutylene feedstock and Liquefied Petroleum Gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl para Cresol – Regarding.
References hav

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

able on the whole quantity of the principal raw materials supplied by the oil refinery or on the net quantity retained by the manufacturers of Propylene or Di-butyl para Cresol and Poly Iso Butylene.
3. The GST Council in its 25th meeting held on 18.1.2018 discussed this issue and recommended for issuance of a clarification stating that in such transactions, GST will be payable by the refinery on the value of net quantity of polybutylene feedstock and liquefied petroleum gas retained for the manufacture of Poly Iso Butylene and Propylene or Di-butyl Para Cresol.
4. Accordingly, it is hereby clarified that, in the aforesaid cases, GST will be payable by the refinery only on the net quantity of Polybutylene feedstock and Liquefied Petroleum

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Uttar Pradesh Goods and Services Tax (Twelfth Amendment) Rules, 2018

Uttar Pradesh Goods and Services Tax (Twelfth Amendment) Rules, 2018
KA. NI-2-139/XI-9(42)/17 Dated:- 30-1-2018 Uttar Pradesh SGST
GST – States
Uttar Pradesh SGST
Uttar Pradesh SGST
PDF DOWNLOAD
=============
Document 1Uttar Pradesh Shasan
Sansthagat Vitta, Kar Evam Nibandhan Anubhag-2
In pursuance of the provision of clause (3) of Article 348 of the Constitution, the
Governor is pleased to order the publication of the following English translation of
Government notification no. KA.NI.-2-1 39 XI-9(42)/17-U.P. GST Rules-2017-Order-
(102)-2018 dated January
30, 2018.
No.-KA.NI.-2-139
NOTIFICATION
/X1-9(42)/17-U.P.GST Rules-2017-Order-(102)-2018
Lucknow: Dated: January 36, 2018.
In exercise of the powers conferred by section 164 of the Uttar Pradesh Goods and
Services Tax Act, 2017 (U.P. Act no.1 of 2017)read with section 21 of the Uttar Pradesh
General
Clauses Act, 1904 (U.P. Act no.1 of 1904), the Governor is pleased to make the
following rules with a view to amending

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

registration shall not stand amended with
effect from a date earlier than the date of submission of the application
in FORM GST REG-14 on the common portal except with the order of
the Commissioner for reasons to be recorded in writing and subject to
such conditions as the Commissioner may, in the said order, specify.”;
In the said rules, in rule 89, for sub-rule (4), the following sub-rules shall
be substituted and be deemed to have been substituted with effect from
23 October, 2017, namely:-
“(4) In the case of zero-rated supply of goods or services or both without
payment of tax under bond or letter of undertaking in accordance with
the provisions of sub-section (3) of section 16 of the Integrated Goods
and Services Tax Act, 2017 (Act no. 13 of 2017), refund of input tax
credit shall be granted as per the following formula –
Amendment of 5.
rule 95
Refund Amount (Turnover of zero-rated supply of goods + Turnover
of zero-rated
supply of services) x Net ITC +Adjusted Total Turnover

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

payment had been received in advance in any period prior to the relevant
period
reduced by advances received for zero-rated supply of services
for which the supply of services has not been completed during the
relevant period
;
(E) “Adjusted Total turnover” means the turnover in a State or a Union
territory, as defined under clause (112) of section 2, excluding –
(a) the value of exempt supplies other than zero-rated supplies
and
(b) the turnover of supplies in respect of which refund is claimed
under sub-rules (4A) or (4B) or both, if any,
during the relevant period;
(F) “Relevant period” means the period for which the claim has been
filed.
(4A) In the case of supplies received on which the supplier has availed
the benefit
of notification No. KA.NI.-2-1696/X1-9(42)/17-U.P. GST
Rules-
2017-Order-(71) -2017 dated 16-11-2017, refund of input tax
credit,
availed in respect of other inputs or input services used in making
zero-rated supply of goods or services or both, shall be granted

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

fied by the Commissioner, along
with a statement of the inward supplies of goods or services or both
in FORM GSTR-11.”;
in sub-rule (3), in clause (a), the words “and the price of the
supply covered under a single tax invoice exceeds five thousand
rupees, excluding tax paid, if any” shall be omitted;
In the said rules, in rule 96-
(a) in the heading, after the words “paid on goods”, the words “or
services”
shall be inserted and be deemed to have been inserted with
effect from 23 October, 2017;
(b) after sub-rule (8), the following sub-rule shall be inserted and be
deemed to have been inserted with effect from 23 October, 2017,
namely:-
“(9) The persons claiming refund of integrated tax paid on export
ofgoods or services should not have received supplies on which the
supplier
has availed the benefit of notification No. KA.NI.-2-
1696/X1-9(42)/17-U.P. GST Rules-2017-Order-(71) -2017 dated
16-11-2017 or notification No. KA.NI.-2-1663/XI-9(15)/17-U.P.
GST Rules-2017-Order-(73) -2017 date

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ill up Part-B
3
Part-B
1.
Details of Authorised Signatory
First Name
Middle Name
Last Name
Photo
Gender
Designation
Date of Birth
Father's Name
Nationality
Aadhaar, if any
Male/Female/Others
DD/MM/YYYY
Address line I
Address of the Authorised Signatory
Address line 2
Address line 3
2.
Date of commencement of the online service in
India.
DD/MM/YYYY
Uniform Resource Locators (URLS) of the website through which taxable services are
provided:
13
1.
2.
3…
Bengaluru West, CGST
Commissionerate
Jurisdiction
Center
Details of Bank Account of representative in India(if appointed)
Account
5
Number
Bank Name
Documents Uploaded
Type of account
Branch
Address
IFSC
A customized list of documents required to be uploaded (refer Instruction) as per the field
values in the form
3
Declaration
I hereby solemnly affirm and declare that the information given herein above is true and
correct to the best of my
knowledge and belief and nothing has been concealed therefrom.
hereby declare that I am authorised

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

sent Letter with any document in support of the ownership of
the premises of the
Consenter like Municipal Khata copy or Electricity Bill copy.
For shared
properties also, the same documents may be uploaded.
Proof of:
Scanned copy of the passport of the Non-resident tax payer with VISA details. In
case of
Company/Society/LLP/FCNR/ etc. person who is holding power of
attorney with authorisation
letter.
Scanned copy of Certificate of Incorporation if the Company is registered outside
India or in India
Scanned copy of License is issued by origin country
Scanned copy of Clearance certificate issued by Government of India
Bank Account Related Proof:
Scanned copy of the first page of Bank passbook / one page of Bank Statement
Opening
page of the Bank Passbook held in the name of the Proprietor / Business
Concem
– containing the Account No., Name of the Account Holder, MICR and
IFSC and Branch details.
Scanned copy of documents regarding appointment as representative in India, if
applica

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

n/Status
Signature of Authorised
1. If authorised signatory is not based in India, authentication through digital
signature
certificate shall not be mandatory for such persons. The
authentication
will be done through Electronic Verification Code (EVC).
2. Appointed representative in India shall have the meaning as specified
under
section 14 of Integrated Goods and Services Tax Act, 2017.”;
8.
Amendment
of FORM
GSTR-11
9.
In the said rules, in FORM GST REG-13,-
(a)
(b)
in PART-B, at serial no. 4, for the words, “Address of the entity
in State” the words, “Address of the entity in respect of which
the centralized UIN is sought” shall be substituted;
in the Instructions, for the words, “Every person required to
obtain a unique identity number shall submit the application
electronically” the words, “Every person required to obtain a
unique identity number shall submit the application
electronically or otherwise.” shall be substituted;
In the said rules, for FORM GSTR-11, the following f

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

otted.
3. For refund purposes only those invoices may be entered on which refund is
sought.”;
7
Amendment 10. In the said rules, for FORM GST RFD-10, the following form shall be
substituted, namely:-
of
Form GST
RFD-10
“FORM GST RFD-10
[See rule 95(1)]
Application for Refund by any specialized agency of UN or any Multilateral Financial
Institution and Organization, Consulate or Embassy of foreign countries, etc.
1. UIN :
2. Name:
3. Address
4. Tax Period (Quarter)
5. ARN and date of GSTRII
6. Amount of Refund Claim
From To
: ARN Date
:
State
Central
Tax
State/UT Tax
Integrated Tax Cess
Total
7. Details of Bank Account:
a. Bank Account Number
b. Bank Account Type
c. Name of the Bank
d. Name of the Account Holder/Operator
e. Address of Bank Branch
f. IFSC
g. MICR
8. Verification
I
as an authorised representative of > hereby solemnly affirm and declare that the information given herein
above is true and correct to the best of my knowledge and belief and nothing has been
concealed there

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Governor appoints the 1st day of February, 2018 as the date from which the provisions of serial number 10 and 11 of notification No. KA. NI-2-1359/XI-9(42)/17-U.P. GST Rules 2017-Order-(45)-2017 dated 2010-2017, shall come into force

Governor appoints the 1st day of February, 2018 as the date from which the provisions of serial number 10 and 11 of notification No. KA. NI-2-1359/XI-9(42)/17-U.P. GST Rules 2017-Order-(45)-2017 dated 2010-2017, shall come into force
KA. NI-2-138/XI-9(42)/17 Dated:- 30-1-2018 Uttar Pradesh SGST
GST – States
Uttar Pradesh SGST
Uttar Pradesh SGST
Uttar Pradesh Shasan
Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2
NOTIFICATION
No. KA. NI-2-138/XI-9(42)/17-U.P. Act-1-2017-Order(10

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Waives late fee for failure to furnish Return in FORM GSTR-4

Waives late fee for failure to furnish Return in FORM GSTR-4
KA. NI-2-136/XI-9(42)/17 Dated:- 30-1-2018 Uttar Pradesh SGST
GST – States
Uttar Pradesh SGST
Uttar Pradesh SGST
Uttar Pradesh Shasan
Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2
NOTIFICATION
No. KA. NI-2-136/XI-9(42)/17-U.P. Act-1-2017-Order(99)-2018
Lucknow : Dated : January 30, 2018
In exercise of the powers conferred by section 128 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no. 1 of 2017)

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Time period for furnishing the details in FORM GSTR-I

Time period for furnishing the details in FORM GSTR-I
KA. NI-2-135/XI-9(42)/17 Dated:- 30-1-2018 Uttar Pradesh SGST
GST – States
Uttar Pradesh SGST
Uttar Pradesh SGST
Uttar Pradesh Shasan
Sansthagat Vitta, Kar Evam Nibandhan Anubhag -2
NOTIFICATION
No. KA. NI-2-135/XI-9(42)/17-U.P. Act-1-2017-Order(98)-2018
Lucknow : Dated : January 30, 2018
In exercise of the powers conferred by section 148 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no. 1 of 2017), and in supersession of notification No. KA.NI-2-1790/XI -9(42)/17-U.P. Act-1-2017-Order-(83)-2017 dated 24-11-2017, except as respects things done or omitted to be done before such supersession the Governor, on the recommendations of the Council, notifies

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST data reveals 50% increase in number of Indirect Taxpayers

GST data reveals 50% increase in number of Indirect Taxpayers
GST
Dated:- 29-1-2018

GST data reveals 50% increase in number of Indirect Taxpayers
Economic Survey says-Maharashtra, Gujarat, Karnataka, Tamil Nadu & Telangana account for 70% of India's exports
India's internal trade in goods and services is 60 percent of GDP.
A preliminary analysis of the Goods and Services Tax (GST) data reveals that there has been a 50% increase in the number of indirect taxpayers, besides a large increase in voluntary registrations, especially by small enterprises that buy from large enterprises and want to avail themselves of Input Tax Credits (ITC). The Economic Survey 2017-18 presented today in Parliament by the Union Minister of Finance and Corporate Affairs, Shri Arun Jaitley informs that as on December 2017, there were 9.8 million unique GST registrants slightly more than the total Indirect Tax registrants under the old system (where many taxpayers were registered

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ion of the GST base among the States is closely linked to the size of their economies, allaying fears of major producing States that the shift to the new system would undermine their tax collections.
Dwelling on the subject of International Trade, Inter-State Trade and Economic Prosperity, the Survey points-out for the first time in India's history  that five States-Maharashtra, Gujarat, Karnataka, Tamil Nadu and Telangana account for 70% of India's exports. New data on the international exports of States suggests a strong correlation between export performance and States' standard of living. Last year Survey had estimated that India's Inter-State trade in goods was between 30 and 50 percent of GDP. But the GST data suggests that India's internal trade in goods and services (excludes non-GST goods and services) is actually even higher and is about 60 percent of GDP.
The survey based on new GST data also provides a close look at the firm-level exports and states th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST net suggests a formal sector payroll share of 53 percent.
The Chapter titled ” A New, Exciting Bird's-Eye View of the Indian Economy Through the GST” sums up that most of the discussions in the run-up to the GST centered on the size of the tax base, and its implications for the Revenue Neutral Rate (RNR). The RNR Committee had estimated a base of Rs. 68.8 lakhcrore and the GST Council had estimated a base of Rs. 65.8 lakh crore. Current data suggest that the GST tax base (excluding exports) is Rs. 65-70 lakh crore, broadly similar to these two previous estimates. Based on the average collections in the first few months, the implied weighted average collection rate (incidence) is about 15.6 percent. So, as estimated by the RNR committee, the single tax rate that would preserve revenue neutrality is between 15 to 16 percent.
=============
Document 1
pilo
ECONOMIC SURVEY
2017-18
Information on GST yields Exciting Findings
• 50% increase in nu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Gross Tax Collections on Track for First Eight Months of GST Era;

Gross Tax Collections on Track for First Eight Months of GST Era;
GST
Dated:- 29-1-2018

Press Information Bureau
Government of India
Ministry of Finance
 
Gross Tax Collections on Track for First Eight Months of GST Era;
Fifty Percent Increase in the Number of Indirect Tax Payers
The Union Minister for Finance and Corporate Affairs, Shri Arun Jaitley tabled the Economic Survey 2017-18 in Parliament today.
Based on the firm footing provided by the discernible improvements in most fiscal indicators such as revenue buoyancy, expenditure quality, tax devolution and deficits, the Government, in partnership with the States, ushered in the long-awaited GST era with effect from July,2017. The GST was unveiled after compre

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

pace with the previous year and is expected to meet targets, with a growth of 13.7 per cent while indirect taxes grew by 18.3 per cent during April-November 2017.
The eventual outcome in indirect taxes during this year will depend on the final settlement of GST accounts between the Centre and the States and the likelihood that only taxes for eleven months (excluding IGST on imports) will be realized. The States' share in taxes grew by 25.2 per cent during April-November 2017, much higher than the growth in net tax revenue (to Centre) at 12.6 per cent and of gross tax revenue at 16.5 per cent.
As an information repository, the Goods and Services Tax (GST) provides a radical change and a new insight into the understanding of the Indian eco

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

est firms account for a much smaller share of exports than in other comparable countries. India's internal trade is about 60 percent of GDP, even greater than estimated in last year's Survey and comparing very favorably with other large countries. India's formal sector, especially formal non-farm payroll, is substantially greater than currently believed. Formality defined in terms of social security provision yields an estimate of formal sector payroll of about 31 percent of the non-agricultural work force; formality defined in terms of being part of the GST net suggests a formal sector payroll share of 53 percent.
The advancing of the budget cycle and processes by almost a month gave considerable leeway to the spending agencies to plan in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

SEAMLESS FLOW OF INPUT TAX CREDIT: AN ILLUSION FOR BUILDERS

SEAMLESS FLOW OF INPUT TAX CREDIT: AN ILLUSION FOR BUILDERS
By: – CASanjay Kumawat
Goods and Services Tax – GST
Dated:- 29-1-2018

Introduction
One of the fundamental features of GST is seamless flow of input credit across the chain (from the manufacture of goods or provider of services till it is consumed) and across the Country. Input Tax Credit (ITC) is the backbone of the GST regime. GST is nothing but a value added tax on goods & services combined.
In this article, an attempt is made to analyse one very important aspect of GST and its implication on the real estate industry (on builders).
Taxability and exemption
According to paragraph 5(b) of the Schedule-II of the CGST Act, 2017 read with section 7 of the CGST Act, 2017, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ncy certificate by the builder shall not be subject to GST.
Relevant provisions for Input Tax Credit
Section 2(119) of the CGST Act, 2017: “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract.
Section 16(1) of the CGST Act, 2017: Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.
Section 16(4) of the CGST Act, 2017: A register

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

lies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
Section 17(5) of the CGST Act, 2017: Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:-
* ………………
* ………………
works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service;
goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business.
**************Rest are not relevant***

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

wed to be taken by the builder.)
Section 17(5)(d) of the CGST Act, 2017: If goods or services or both received by a builder for construction of an immovable property on his own account including when such goods or services or both are used in the course or furtherance of business.
Section 17(2) read with section 17(3) of the CGST Act, 2017: Common inputs/input services/capital goods are used for supplying both works contract service and sale of constructed building, the eligibility of credit shall be restricted to the proportion attributable to works contract service/construction service and not on the land component.
Accordingly, from the combined reading of the restrictions, as given in section 17, and time limit to avail credit, as given in section 16(4) of the CGST Act, 2017 as discussed above, following points can be drawn for the builders:
* The builder can't avail input tax credit till the time he finds a buyer otherwise it will result in constructing in his own account.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tive buyers, for the flats unsold after obtaining occupancy certificate, there shall be a requirement to reverse the entire credit attributable to those flats.
Further, there is no mechanism has been provided under GST to reverse the credit availed during the previous years by the registered person, accordingly, the liability may be required to be discharged through cash by the builder.
If the builder is constructing an office space for his business then in that case also he can't avail input tax credit on the input supply of goods and or services.
Therefore, in view of the above discussion, it can be said that the main objective of GST, i.e., seamless flow of credit, is an illusion for the builders. Existing provisions of input tax credit will lead to various litigation and assessment related disputes. Further, management of the separate books of accounts for project wise/ credit wise/ flats wise/common utility wise will lead to new and biggest headache for the builders. If the G

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

property on his own account including when such goods or services or both are used in the course or furtherance of business.”
We have different Opinion –
The section 17(5) © as well as Section 17 (5) (d) does not apply to builder or developer. In the above clauses the input tax credit on works contract will not allowed, where construction is for immovable property.
The construction has been explained as – “construction” includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property.
The construction carried out by the builder does not fall under the above types, as given in the explanation.
Moreover, the builder is doing the construction for inventory and not for capitalization.
The builder can't avail input tax credit till the time he finds a buyer otherwise it will result in constructing in his own account. It may be noted that credit shall be allowed only to the extent of outward taxable sup

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e credit availed during the previous years by the registered person, accordingly, the liability may be required to be discharged through cash by the builder.
We have different Opinion –
Credit is allowed under section 16(1) of the CGST Act 2017, as there is an intention to use in the course or furtherance of his business and the said amount will be credited to electronic credit ledger. Thus, there is no question to claim the credit after 1 year of service.
However, after issuance of completion certificate or after its first occupation, whichever is earlier, the inventory of unsold stock will become exempt supplies (as paragraph 5 of schedule III), and therefore on the stock, equivalent amount of input tax credit shall be required to be paid by debit to electronic credit ledger or electronic cash ledger, under section 18(4) of CGST Act.
Dated: 27-2-2018
Reply By sanjeev bajaj as =
please clarify.
Dated: 6-3-2018
Scholarly articles for knowledge sharing by authors, experts

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =